How Long Do I Have To Appeal As Of Right From A Judgment Or Order Of A New York State Trial Court?

by admin on January 29, 2010

An appeal as of right to New York’s Appellate Division must be taken within 30 days after the appellant has been served with a copy of the objectionable judgment or order, with notice of its entry. N.Y. C.P.L.R. 5513(a). Not until that service will the 30 days begin to run, and it makes no difference that the appellant knows of the entry from other sources. Contact Employment Appeals Attorney for more details

Usually, it is the winning party who serves the judgment or order (with notice of entry) on the loser.

An exception to the rule that the winner’s service on the loser begins the appeal time is where the loser himself serves the judgment or order with notice of entry. If the loser serves the paper with notice of entry on the winner, then the loser’s 30 days to appeal run from that time. N.Y. C.P.L.R. 5513(a).

If the attorney for the aggrieved party dies, is removed or suspended, or becomes physically or mentally incapacitated or otherwise disabled during the 30 day period, then the time within which to take the appeal as of right is extended to 60 days from the date of death, removal or suspension, or commencement of the attorney’s incapacity or disability. N.Y. C.P.L.R. 5514(b).

It is imperative to reach out to your employment lawyer to discuss anything about your case so that you fully understand the process, timeline, and statute of limitations. An experienced employment attorney can help you through the process in a manner that wisely uses your time and resources.

New York Appeals Attorney will be able to answer any of your issues and concerns, recommend how you should proceed, and provide insight into what you can anticipate from your case. If you need legal help with a business litigation or employment-related legal matter, don’t hesitate to call me. We are ready and well prepared to assist you.